C4A - Approve 40th Street Overlay Amendments

Committee Referrals - C4 A

COMMISSION MEMORANDUM

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) refer the attached draft ordinances to the Planning Board.

BACKGROUND/HISTORY

On May 15, 2024, at the request of Mayor Steven Meiner, the City Commission referred a discussion item (C4 AS) regarding potential amendments to the 40th Street overlay to the Land Use and Sustainability Committee (LUSC). On June 10, 2024, the LUSC discussed and continued the item to the September 5, 2024, LUSC meeting with direction for staff to meet with the project architect and for a draft ordinance to be prepared, subject to the approval of the item sponsor.

On September 5, 2024, the item was deferred to the October 10, 2024 LUSC meeting, with no discussion. The October 10, 2024 LUSC meeting was rescheduled to October 14, 2024, where the item was deferred to the November 25, 2024 LUSC meeting, with no discussion. Additionally, to ensure adequate public outreach, a community workshop with affected residents and homeowner organizations took place on November 19, 2024, at which time area residents were able to further discuss the proposal. On November 25, 2024, the item was deferred to a future date, with no discussion.

On June 10, 2025, the LUSC discussed the proposed draft ordinance and recommended that the City Commission refer amendments to the Comprehensive Plan and the Land Development Regulations of the City Code (LDRs) to the Planning Board, in accordance with the recommendations in the LUSC memorandum, and the following additional changes:

1. Clarify that roof-top access and uses will not be permitted.

2. Clarify that the expanded regulations shall only be applicable to sites that contain at least two platted lots.

3. Include a limit on the number of beds proposed for the dormitory units.

ANALYSIS

Overlay Context The 40th Street overlay, which was established in 2010, applies to religious institutions in the Residential Single Family (RS) district that is located on the south side of 40th Street between Chase Avenue to the west and Pine Tree Drive to the east. The overlay allows pedestrian-friendly religious institutional uses, through the conditional use permit process, at eligible properties. The intent of the overlay has been to serve the surrounding residential uses and any future expansion

of the district is only permitted by amending the overlay regulations.

Proposed Ordinances The attached draft ordinances propose amendments the Comprehensive Plan and the LDRs that are specific to the 40th Street Overlay. The following is a summary of the modifications proposed for the overlay:

• •

The introduction of dormitory and standalone school as an allowable use. The total number of dormitories would not exceed four (4) dormitory units per platted lot and each dormitory unit would have a limit of up to four (beds).

• •

A requirement for Design Review Board (DRB) approval for sites containing 2 or more platted lots.

• •

The maximum unit size has been increased from 50% to 100%.

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The maximum lot coverage for a home exceeding 2 stories has been increased from 30% to 50%.

• •

Covered stairs and walkways would be exempt from unit size and lot coverage calculations.

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The minimum front setback has been reduced from 30 feet to 20 feet.

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The minimum street side setback has been reduced from 10 feet to 5 feet.

• •

The maximum number of stories has been increased from 2 stories to 3 stories.

• •

The maximum building height has been increased for flat roof structures from 24 feet to 36 feet and for sloped roof structures from 27 feet to 39 feet.

• •

The open space and extended setback requirements for homes exceeding 2 stories would not apply to projects in the 40th Street Overlay.

• •

The limitation of two (2) contiguous lots has been expanded allow up to three (3) contiguous lots to be aggregated 40th Street overlay.

• •

Roof-top access and uses on the roof would not be permitted.

The provisions pertaining to dormitory use are included in the proposed amendment to the Comprehensive Plan.

Summary The proposed amendments to the Comprehensive Plan and LDRs would allow for new construction and the expansion of existing homes located within the overlay, both in terms of permitted uses, as well as the height and intensity of the structures. The subject overlay is a transitional area from the more intense commercial properties to the north of 40th Street, and the established single-family homes immediately south of the overlay boundaries.

Similar transition areas in the city typically have either Residential Office (RO) or Low Intensity Multi-Family (RM-1) zoning as an interface between single family districts and more intense commercial districts. In this regard, the increased height and intensity proposed in the LDR amendment would not be inconsistent with the regulations in the RM-1 district. Additionally, both DRB and Planning Board approval would be required for new developments.

The RS development regulations applicable to the existing transitional overlay, which have been in place since 2010, are sensitive to and compatible with the established single-family homes to the immediate south. Although transient uses are generally not permitted in the RM-1 and RO

districts, the limited number of dormitories proposed is not expected to adversely impact the surrounding area, as they would need to be connected to religious institution uses in the overlay.

APPLICATION FEE WAIVER The subject amendment is proposed on a comprehensive basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:

1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.

2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).

3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.

Should this proposal be referred to the Planning Board, the Administration recommends that the City Commission determine that the proposed amendment is necessary based on circumstances unique to the proposed amendment and waive the applicable fees.

FISCAL IMPACT STATEMENT

No Fiscal Impact Expected

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

Not Applicable

CONCLUSION

The Administration recommends the following:

1. The City Commission refer the attached draft ordinances to the Planning Board.

2. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees based on circumstances unique to the proposed amendment.

Applicable Area

Middle Beach

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? Yes

If so, specify the name of lobbyist(s) and principal(s): Rabbi Shlomo Stilerman

Department

Planning

Sponsor(s)

Mayor Steven Meiner

Co-sponsor(s)

Condensed Title

Ref: PB - 40th Street Overlay LDR and Comprehensive Plan Amendments. (Meiner) PL

Previous Action (For City Clerk Use Only)